An industrial warehouse workplace safety topic. A worker injured falling or being struck by a forklift. Falls and collisions are major contributors to forklift safety.
In most cases, when a person is injured at work their best (and often only) option is to file a workers’ compensation claim. However, there are certain situations in which you do have the right to sue your employer. Keep reading to learn about the five situations in which this is true and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you require a free legal consultation.
- There Was a Willful Assault by Your Employer
- The Injury Was Made Worse Due to Something Your Employer Conceals in a Fraudulent Matter
- If Dual Capacity Applies to Your Case
- Your Employer Does Not Have Workers’ Compensation Insurance
- The Injury Resulted from a Power Press Machine That Was Not Properly Set Up
If your employer assaulted you then you may have the right to sue them for your damages. This would include your medical bills, lost wages, pain and suffering, and other economic and noneconomic costs. Be sure you contact the police as well because you may be able to press criminal charges against them as well.
If the injury you sustained was either caused or related to employment that our employer fraudulently conceals, then you may be able to sue them directly for any injuries you suffer. For example, if you are paid under the table so that your employer does not have to pay taxes, and you are then injured while working, you might be able to sue them directly.
In some instances, a person may be injured by a product their employee makes, but they were not acting as an employee when the injury occurred. This is known as dual capacity. For example, if a person works in a saw factory and is injured while using their employer’s saw to create new saws, then they could sue the manufacturer for the faulty product – despite the fact that the manufacturer was also their employer.
An employer that does not carry a workers’ compensation insurance policy can be used directly in the event that one of their employees is injured on the job when coverage is not offered. They could lose their home, business, and other assets to the lawsuit so it is very important that employers act responsibly and carry the right coverage.
This is a very specific case but if you were injured by a power press machine, and the accident was the result of said machine not being set up correctly, then you could have grounds for a personal injury lawsuit.
You do not have to have suffered serious injuries to bring a lawsuit against your employer. Contact The Law Offices of Larry H. Parker at 800-333-0000 now if you would like a free legal consultation with an experienced attorney.